2-22: Student Sexual Harassment – Procedures

Reporting Sexual Harassment

If a student believes that they are being subjected to sexual harassment, or believes that another student, prospective student or applicant for admission is being subjected to sexual harassment, they should, as soon as possible, notify the Student Affairs Officer, the Executive Director for Human Resources and Professional Development/EEO Officer, a Dean, a Department Chair, a Student Advisor or Campus Security.

If a student is not certain whether sexual harassment is taking place, they should nevertheless report their concerns. The Student Affairs Officer may be reached at 505-428-1014.

Time Frame for Reporting Sexual Harassment

SFCC encourages the reporting of sexual harassment in a timely manner. In order to allow for a prompt and timely investigation, a student’s report should be made as soon as possible following the latest alleged incident of sexual harassment.

Retaliation Prohibited

Retaliation against a student, prospective student or applicant for admission who makes a complaint of sexual harassment or reports that another student, prospective student or applicant for admission is being sexually harassed or who cooperates in an investigation of a complaint of sexual harassment is prohibited.

If a student believes they have been retaliated against or that someone else has been retaliated against for reporting sexual harassment, they should follow the same reporting requirements for reporting incidents of sexual harassment set forth above.

Investigation and Resolution of Reports of Sexual Harassment

The investigation and resolution of reports of sexual harassment will be handled pursuant to Policy 2-22 and any relevant disciplinary policy. The College reserves the right to investigate any reports of sexual harassment, as the College deems appropriate, whether or not the student involved participates in the investigation.

Appropriate Disciplinary Action

Any student or employee, including staff members, faculty members or administrators, who is found to have engaged in sexual harassment or retaliation will be subject to appropriate disciplinary action.

The College will also take appropriate action, to the extent possible, against non-employees, such as contractors and guest lecturers, who are found to have engaged in sexual harassment or retaliation.

The Student Affairs Officer will:

  • Ensure that both the individual filing the complaint (hereafter referred to as the “complainant”) and the accused individual (hereafter referred to as the “respondent”) are aware of the seriousness of a sexual harassment complaint.
  • Explain SFCC’s sexual harassment policy and investigation procedures to the complainant and the respondent.
  • Explore informal means of resolving sexual harassment complaints.
  • Notify law enforcement if criminal activities are alleged.
  • Arrange for an investigation of the alleged harassment and the preparation of a written report.
  • Submit a written report summarizing the results of the investigation and making recommendations to the Vice President for Academic and Student Affairs and the President.
  • Notify the complainant and the respondent of the corrective actions to be taken, if any, and administering those actions.

Complaint Resolution

Individuals should report complaints of conduct believed to violate SFCC Policy 2-22 Sexual Harassment. To initiate a formal investigation into an alleged violation of this policy, students may be asked to provide a written statement about the alleged misconduct to the Student Affairs Officer. Complaints should be submitted as soon as possible after an incident has occurred. The Student Affairs Officer may assist the complainant in completing the statement.

To ensure the prompt and thorough investigation of a sexual harassment complaint, the complainant should provide as much of the following information as is possible:

  1. The name, department and position of the person or persons allegedly causing the harassment.
  2. A description of the incident(s), including the date(s), location(s) and the presence of any witnesses.
  3. The effect of the incident(s) on the complainant’s ability to perform their job, or on other terms or conditions of their employment.
  4. The names of other individuals who might have been subject to the same or similar harassment.
  5. What, if any, steps the complainant has taken to try to stop the harassment.
  6. Any other information the complainant believes to be relevant to the harassment complaint.

Confidentiality

All inquiries, complaints and investigations are treated confidentially. Information is revealed strictly on a need-to-know basis. Information contained in a formal complaint is kept as confidential as possible. However, the identity of the complainant is usually revealed to the respondent and witnesses. The Student Affairs Officer takes adequate steps to ensure that the complainant is protected from retaliation during the period of the investigation. All information pertaining to a sexual harassment complaint or investigation is maintained by the Student Affairs Officer in secure files. The Student Affairs Officer can answer any questions relating to the procedures for handling information related to sexual harassment complaints and investigations to complainants and respondents.

Other Available Procedures

The procedures available under Policy 2-22 do not preempt or supersede any legal procedures or remedies otherwise available to a victim of sexual harassment under local, state or federal law.

 

Contact:         Margaret Peters, Vice President for Academic and Student Affairs
505-428-1372, margaret.peters@sfcc.edu

Updated:        2/20/2017

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